Can Brokaw get any remedy Essay

Submitted By itsb
Words: 336
Pages: 2

case 2 page 151
Issue: Will Brokaw be able to successfully sue property value appraiser Lonnie Hauser? Will he be able to recover damages? Can Brokaw get any remedy?
Rule:
tort of professional negligence:
Plaintiff must prove that the defendant:
1.-owes a duty of care in that it was required to act carefully toward the plaintiff
2.-breached the standard of care by acting carelessly. a professional must act as a reasonable person would act in similar circumstances.
3.- defendant caused harm to the plaintiff.
Defendant may be able to avoid liability through 3 possibilities:
1.- plaintiff was guilty of contributory negligence
2.- voluntarily assumed the risk of being injured by the defendant
3.- was injured while engaged in some form of illegal activity.

Application:
1.- Brokaw can prove that Hauser owed a duty of care to him. As a property value appraiser you need to have reasonable care in the information you provide to a client especially if it will injure the plaintiff.
It was reasonable foreseeable that wrong information provided to the client would lead to incorrect revenue figures and lead to bad decisions.
2.- the standard of care is breached as Hauser ‘s mistake is one that a reasonable professional might not make . Hauser assumed that each apartment would produce 650 a month for rent however he didn’t verify with government. After Brokaw purchase the building Hauser found out that the government sets a lower rent per month for tenants